By Sylvia Jost
Many people enjoy the golden autumn when the leaves slowly change color. But as nice as it looks, dangerous slides can quickly arise on sidewalks or pavements!
Most municipalities regulate in their statutes who has to use a broom or rake. Here they specify whether and to what extent homeowners have to take care of cleaning the sidewalks.
Who has to sweep the leaves in Berlin?
► Berlin has around 430,000 street trees. And they do work. In the capital, leaf collection is largely the responsibility of the BSR. Each autumn season, 2,300 men and women in orange collect an average of around 36,000 tons of leaves on the streets with around 500 vehicles. “That’s about as much as 6,200 African elephants would weighn“, explains BSR spokesman Thomas Klöckner.
The leaves are blown, vacuumed and swept with around 100 brooms, vacuum cleaners and blowers, as well as sweepers and loading crane vehicles.
► The district offices are responsible for the city’s parks and green spaces.
► In the outskirts of the city, residents can also be responsible for disposal. Then these are so-called C-streets (from the Berlin Street Cleaning Act of 1978), i.e. “roads that have not been developed or have not been sufficiently developed (within a built-up area)”. These can be sandy paths in Köpenick, for example.
These then need to be cleaned once a week.
And what to do with all the leaves?
The Berlin leaves that the BSR collects are taken to large composting facilities in Brandenburg and processed there into compost.
Residents who dispose of their leaves themselves must note that the swept leaves must not be stored on public street land. This is an administrative offense according to Section 9 StrReinG – there is a risk of a fine. Such compost heaps can also cause damage to street trees, as the decay processes attack the bark.
Berlin city cleaning employees clear leaves (symbolic photo) Photo: dpa
The solution: BSR leaf bags. 25 kilos of leaves fit into this. They are available at recycling centers for 4 euros. They can be handed in there (and you get 1 euro back) or they can be picked up locked at the side of the road by the BSR (registration on Tel. 030-75924900).
Compensation possible
Anyone who permanently evades the cleaning obligation commits an administrative offense. The owners of an apartment building are free to pass on the cleaning obligation to the tenants via the rental agreement.
If an accident occurs, it doesn’t just have a criminal aspect. This is also about personal liability. If a passer-by breaks their leg because they forgot to sweep away the leaves, the person responsible has to pay for the damage.
Without liability insurance, this can be expensive: In the case described, the injured party can be entitled to compensation for pain and suffering – and if they work – also compensation for their loss of earnings. If permanent damage remains after an accident, lifelong pension payments may even be due, warns the Huk-Coburg insurance company.
But: despite all the rules, whether and to what extent a defaulting leaf clearer is liable often depends on the specific circumstances of the individual case.
And who is liable on Berlin streets?
On the Berlin streets and paths where the BSR is responsible, it also has a duty to ensure traffic safety. This means: “If someone falls and makes a claim for damage, the depot checks whether the cleaning schedule was adhered to,” according to BSR-speakhe.
How often the street is cleaned depends on its so-called “cleaning class”: heavily frequented streets and squares are cleaned more often than those with less traffic. If the cycle is adhered to, BSR is no longer liable.
But, says Klöckner: “First of all, everyone is required to adapt and be careful when traveling.”